Abdo et al v. Fitzsimmons et al

Filing 13

STIPULATION AND ORDER re 12 STIPULATION WITH PROPOSED ORDER: Defendant's answer to Complaint extended to 5/19/2017; Defendant's responsive motions for hearing due 7/25/2017; plaintiff's opposition due 6/16/2017; defendant's r eplies due 7/7/2017. Case Management Conference continued from 5/23/2017 to 7/25/2017 at 10:00 AM in Courtroom E, 15th Floor, San Francisco. Case Management Statement due 7/18/2017. Signed by Judge Elizabeth D. Laporte on 4/5/2017. (afmS, COURT STAFF) (Filed on 4/5/2017) Modified on 4/5/2017 (afmS, COURT STAFF).

1
2
3
4
5
6
7
8
9
10
11
12
13
14

STEARNS WEAVER MILLER WEISSLER
ALHADEFF & SITTERSON PA
Eugene E. Stearns (Fla. Bar No. 0149335)
Pro hac vice
[e-mail]
Jason P. Hernandez (Cal. Bar No. 308959)
[e-mail]
150 West Flagler Street, Suite 2200
Miami, Florida 33130
Telephone: [phone]
Facsimile: [phone]

SEYFARTH SHAW LLP
Gregory A. Markel (Bar No. GM 5626)
[e-mail]
Heather E. Murray (NY Bar No. 5287099)
[e-mail]
[Pro hac vice to be submitted]
620 Eighth Avenue
New York, New York 10018
Telephone:
[phone]
Facsimile:
[phone]
SEYFARTH SHAW LLP
Giovanna A. Ferrari (SBN 229871)
[e-mail]
560 Mission Street, Suite 3100
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]

TAYLOR & PATCHEN, LLP
Jonathan A. Patchen (SBN 237346)
[e-mail]
Max Baba Twine (SBN 296128)
[e-mail]
One Ferry Building, Suite 355
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]

Attorneys for Defendants
MICHAEL R. FITZSIMMONS, PETER LAI,
CHRISTOPHER G. POWER, PETER J.
GOETNER, CHRISTIAN BORCHER,
ERNEST D. DEL, MARC S. YI, JAMES C.
PETERS, and SOUHEIL S. BADRAN

Attorneys for Plaintiffs
JOHN E. ABDO, as Trustee of the JOHN E.
ABDO TRUS DATED JUNE 11, 2014, and
JOHN E. ABDO, as Trustee of the JOHN E.
ABDO TRUST DATED MARCH 15, 1976

15

UNITED STATES DISTRICT COURT

16

NORTHERN DISTRICT OF CALIFORNIA

17

SAN FRANCISCO DIVISION

18
19

JOHN E. ABDO, as Trustee of the JOHN E.
ABDO TRUS DATED JUNE 11, 2014, and
JOHN E. ABDO, as Trustee of the JOHN E.
ABDO TRUST DATED MARCH 15, 1976,

20
Plaintiffs,
21
v.
22
23
24

MICHAEL R. FITZSIMMONS, PETER LAI,
CHRISTOPHER G. POWER, PETER J.
GOETNER, CHRISTIAN BORCHER,
ERNEST D. DEL, MARC S. YI, JAMES C.
PETERS, and SOUHEIL S. BADRAN,

25
Defendants.
26

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

Case No. 17-cv-00851 EDL
[Related Case No. 17-cv-1232 EDL]
JOINT STIPULATION TO: (1)
EXTEND TIME IN WHICH TO FILE
RESPONSIVE PLEADING, (2)
EXTEND BRIEFING SCHEDULE ON
MOTION TO DISMISS, AND (3) TO
CONTINUE INITIAL CASE
MANAGEMENT CONFERENCE;
[PROPOSED] ORDER

27
28

1
Joint Stipulation and [Proposed] Order to Extend Time to Respond to Complaint, Set Briefing Schedule, and To
Continue Case Management Conference; Case No.: 17-cv-00851 EDL

1

Pursuant to Fed. R. Civ. P. 6(b)(1) and Civil L.R. 6-1, 6-2, and 7-12, the parties to the

2

above-entitled action, by and through their undersigned counsel, hereby stipulate and agree as

3

follows:

4

WHEREAS, on February 21, 2017, Plaintiffs filed their Complaint for Violation of

5

Federal Securities Laws, Intentional Misrepresentation, and Negligent Misrepresentation (the

6

“Complaint”) (Dkt. 1);

7

WHEREAS, on February 21, 2017, the Court issued its Initial Case Management

8

Scheduling Order with ADR Deadlines, setting an initial Case Management Conference

9

(“CMC”) for May 23, 2017;

10

WHEREAS, on March 15, 2017, the Court entered its order relating the case entitled

11

Rising Tide I, LLC, et al. v. Michael Fitzsimmons, et al, filed in this Court and bearing Case

12

Number 4:17-cv-1232 KAW (the “Related Case”) to this case (Dkt. 11);

13
14

WHEREAS, all Defendants in this action are also named defendants in the Related Case,
(Related Case Dkt. 1);

15

WHEREAS, counsel for Defendants represents all Defendants in this case;

16

WHEREAS, Defendants have been served with the summons and Complaint;

17

WHEREAS, the parties have met and conferred in good faith, and have agreed to

18

stipulate under Civil L.R. 6-1(a) and (b) to a filing and briefing schedule for Defendants’

19

response to the Complaint as set forth below;

20

WHEREAS, because of the complexity of the issues raised in this case and the Related

21

Case, and the right of each individual Defendant in this case and the Related Case to litigate his

22

or her individual defenses to the claims asserted in this case and the Related Case, counsel for

23

Defendants—while cognizant of the overlapping factual and legal issues—anticipates submitting

24

multiple responsive pleadings to address individual issues and defenses in both this case and the

25

Related Case (Declaration of Giovanna Ferrari (“Ferrari Decl.”) ¶ 3, filed concurrently herewith);

26

WHEREAS, extending the deadline for filing a response to the Complaint and for any

27

subsequent briefing necessitated by Defendants’ response to the Complaint will allow for a more

28

complete and orderly presentation of the individual and overlapping complex legal and factual
2
Joint Stipulation and [Proposed] Order to Extend Time to Respond to Complaint, Set Briefing Schedule, and To
Continue Case Management Conference; Case No.: 17-cv-00851 EDL

1

issues the Court will need to resolve, and the schedule proposed aligns the schedule proposed for

2

this action with the schedule proposed in the Related Case, (Id. ¶ 4);

3

WHEREAS, the parties, in the interest of judicial economy and efficiency, wish to avoid

4

the unnecessary expenditure of judicial resources and costs associated with the parties’

5

appearance at the currently scheduled Initial CMC, before the parties have had an opportunity

6

meaningfully to evaluate and address any issues raised by Defendants’ response to the Complaint

7

(Id. ¶ 5); and

8

WHEREAS, neither party has previously sought any time modification in the case,

9

whether by stipulation or Court order, and, other than the parties’ request that the Court continue

10

the currently scheduled Initial CMC, the requested time modifications will have no effect on the

11

schedule for the case (Id. ¶ 6);

12

NOW THEREFOR, the parties hereby stipulate and agree that:

13

(1)

14
15

Defendants shall have an extension of time, up to and including, May 19, 2017, in
which to answer, move, or otherwise respond to the Complaint; and

(2)

Defendants shall notice any and all responsive motion(s) for hearing on July 25,

16

2017, or the first available date thereafter, convenient to the Court on which the

17

Court may hear any such motion(s); and

18

(3)

19
20
21
22

Plaintiffs shall file their opposition to any responsive motion(s) filed by
Defendants on or before June 16, 2017; and

(4)

Defendants shall file their reply in support of any responsive motion on or before
July 7, 2017

The Parties FURTHER STIPULATE AND AGREE and respectfully request that the

23

Court continue the currently scheduled Initial CMC to July 25, 2017, to coincide with the

24

hearing on any responsive motion(s) filed by Defendants, or the first date that is convenient for

25

the Court thereafter.

26

IT IS SO STIPULATED.

27
28
3
Joint Stipulation and [Proposed] Order to Extend Time to Respond to Complaint, Set Briefing Schedule, and To
Continue Case Management Conference; Case No.: 17-cv-00851 EDL

1

DATED: April 4, 2017

STEARNS WEAVER MILLER WEISSLER
ALHADEFF & SITTERSON PA

2
3
4

By

/s/ Jason P. Hernandez
Eugene E. Stearns
Jason P. Hernandez

5
6

TAYLOR & PATCHEN, LLP
Jonathan A. Patchen
Max Baba Twine

7
8

Attorneys for Plaintiffs
9
10

DATED: April 4, 2017

SEYFARTH SHAW LLP

11
12

By

/s/ Aaron Belzer
Giovanna A. Ferrari
Gregory A. Markel
Heather E. Murray

13
14

Attorneys for Defendants
15
16

Filer’s attestation: Pursuant to Civil L.R. 5-1(i)(3) regarding signatures, Aaron Belzer hereby
attests that concurrence in the filing of this document has been obtained from each of the other
signatories.

17
18
19
20
21
22
23
24
25
26
27
28
4
Joint Stipulation and [Proposed] Order to Extend Time to Respond to Complaint, Set Briefing Schedule, and To
Continue Case Management Conference; Case No.: 17-cv-00851 EDL

1
2
3
4
5

[PROPOSED] ORDER
Having reviewed the Stipulation of the parties and their attorneys of record, and good
cause appearing therefor:
IT IS HEREBY ORDERED that, pursuant to the parties’ stipulation:
(1)

6
7

which to answer, move, or otherwise respond to the Complaint; and
(2)

8

motion; and
(3)

11
12

(4)

Defendants shall file their reply in support of any responsive motion(s) on or
before July 7, 2017; and

(5)

15
16

Plaintiffs shall file their opposition to any responsive motion(s) filed by
Defendants on or before June 16, 2017; and

13
14

Defendants shall notice any and all responsive motion(s) for hearing on July 25,
2017, or the first available date thereafter on which the Court may hear any such

9
10

Defendants shall have an extension of time, up to and including, May 19, 2017, in

The Initial Case Management Conference currently set for May 23, 2017 shall be
continued to July 25, 2017.

IT IS SO ORDERED

17
18

April 5
DATED: _________________, 2017
HON. ELIZABETH D. LAPORTE
UNITED STATES MAGISTRATE JUDGE

19
38353828v.3

20
21
22
23
24
25
26
27
28
5
Joint Stipulation and [Proposed] Order to Extend Time to Respond to Complaint, Set Briefing Schedule, and To
Continue Case Management Conference; Case No.: 17-cv-00851 EDL